The defendant herein has been charged in two counts with perjury in the first degree (Penal Law § 210.15) and in one count with tampering with a witness in the fourth degree (Penal Law § 215.10 [b]). The theory of the perjury prosecution is unusual, in that the defendant was neither a witness in the proceeding in which the perjury was allegedly committed nor a party to an agreement with the witness to commit the alleged...
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